Contemporary Jurisprudence

Ayatollah Abolqasem Alidoust stated:

Titles of sanctity in the jurisprudence of arts/5

In 2015, Ayatollah Alidoust’s hidden and unspoken insight was revealed! This innovative yet traditionally grounded jurist, who for years had regarded art in itself as a noble and commendable matter, spoke at the First Conference on the Jurisprudence of Art about the desirability and obligation of artistic acts, stating that the ruling on art begins with desirability. Since that year, there has hardly been a gathering or forum discussing the jurisprudence of art where Ayatollah Alidoust’s enduring words have not been a topic of discussion. He stands between tradition and innovation. At one moment, he becomes indignant at the baseless ruling on the purity of dogs under the guise of innovation, and at another, he criticizes jurists for their permissive or prohibitive approach to art. According to him, he is not solely seeking the “dynamism” of jurisprudence but considers “stability” an essential pillar of jurisprudential propositions. Given the supportive and opposing views expressed over the years, including in this magazine, regarding Ayatollah Alidoust’s statement, we review the text of his remarks at the First Conference on the Jurisprudence of Art, published in the collection of articles from that conference, to further clarify his main claim. The full text of the remarks by the member of the Board of Trustees of the Institute of Contemporary Jurisprudential Studies at the First Conference on the Jurisprudence of Art is as follows:

A professor of advanced levels at the Qom Seminary, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/4

It has long been known that there is a dispute between artists and jurists: artists who view jurists as rigid and jurists who regard artists as mere entertainers indifferent to religion. But is this truly the reality? Hujjat al-Islam Nasiruddin Ansari Qomi, who has studied under prominent religious authorities for years and has long been teaching advanced levels at the Qom Seminary, holds a different view. He believes it is not accurate to generally label jurists as opposed to art; rather, many jurists have engaged in calligraphy, poetry, portrait painting, and music. The conversation with a member of the fatwa council of the late Ayatollah Alavi Gorgani was filled with fascinating historical insights and novel analyses. The full text of the exclusive interview with this professor and author from the Qom Seminary is as follows:

The President of the Institute of Contemporary Jurisprudential Studies, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/3

Rulings concerning artistic matters are always determined with the aid of titles that apply to these matters. However, the titles of prohibition in the jurisprudence of art have never been discussed independently or comprehensively. This has led to considerable ambiguity regarding their meaning, scope, and application in the jurisprudence of art. In this regard, we spoke with Ayatollah Sayyid Mojtaba Noormofidi, President of the Institute of Contemporary Jurisprudential Studies. In addition to years of teaching advanced courses in jurisprudence (fiqh) and principles of jurisprudence (usūl) at the Qom Seminary, he has a strong interest in the jurisprudence of art, as evidenced by his membership in the Board of Trustees of the Specialized Center for Islamic Culture and Art and his participation in the Fourth Conference on the Jurisprudence of Art. This professor of advanced jurisprudence at the Qom Seminary believes that the default ruling for art is not only permissibility (ibāha) but desirability (istihbāb), and other titles must contend with this primary ruling. The full text of the exclusive interview with the member of the Board of Trustees of the Specialized Center for Islamic Culture and Art follows:

A professor at the Institute of Islamic Culture and Thought, in an exclusive interview with the Institute of Contemporary Jurisprudential Studies:

Titles of sanctity in the jurisprudence of arts/2

Dr. Mahmoud Hekmatnia, though better known for his legal expertise, has pursued no less rigorous studies in Islamic seminaries than in his legal endeavors. The former deputy of intellectual property at the Ministry of Justice, he has always been keen on exploring new topics, whether they concern a computer game, the metaverse, or a new challenge in international law. We sat down with him to discuss labb and its impact on the prohibition of artistic works. According to this prominent jurist, labb in itself does not inherently carry a ruling, and what may lead to its prohibition or lack of merit are its accompanying circumstances (muqāranāt). A member of the Research Council of the Institute of Contemporary Jurisprudential Studies, he further elaborated on a nuanced point regarding the types of accompanying circumstances, which was particularly insightful. The full text of the exclusive interview with the professor from the Institute of Islamic Culture and Thought follows:

Hujjat al-Islam wal-Muslimin Mohammad Ali Ayazi

Titles of sanctity in the jurisprudence of arts/1

Hujjat al-Islam wal-Muslimin Seyyed Mohammad Ali Ayazi, though renowned for his work in Quranic exegesis and sciences, has a longstanding interest in the science of jurisprudence and addressing the emerging challenges facing this field. His numerous articles and books on topics such as the principle of dignity, the jurisprudential ruling on heretical books, mandatory hijab, and others attest to this claim. On the occasion of his article concerning the ruling on preserving and maintaining heretical books, we engaged in a conversation with this professor and researcher of both seminary and university about the concept of “misguidance” (iḍlāl) as one of the factors rendering artistic activities impermissible. The outcome of this conversation is the following oral note, presented for your consideration.